Muthupandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Muthupandi, ... Petitioner/Accused 2 Vs The State of Tamilnadu, Rep by the Inspector of Police, Sipcot Police Station, Sivagangai District.

Crime No.20 of 2022.

... Respondent/Complainant For Petitioner : Mr.R.Balamuruganantham, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To order to enlarge the petitioner / Accused on bail in connection with the case in SC.No. 137 of 2022 on the file of Principal Sessions Court, Sivagangai, Sivagangai District in Crime No. 68 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner / Accused, who was arrested and remanded to judicial custody on 24.06.2024 for the offences punishable under Sections 147, 148, 294(b), 324, 341, 506 1/3

(ii), 302 IPC @ 147, 148, 341, 294(b), 324, 427, 506(ii), 120(b), 307, 302 IPC in crime No.20 of 2022 on the file of the respondent police, seeks bail.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent and perused the materials available on record.

3. Considering the fact that the petitioner was earlier granted bail, but, however, he did not attend the trial Court and such NBW was issued on 16.02.2023 and therefore, he was arrested in execution of the said non bailable warrant only on 24/6/2024 and since it is seen that the case is of the year 2022, one accused after the other has been absconding to stall the progress of the case. Secondly, it can also be seen that the petitioner has got 38 previous cases. Therefore, when the petitioner is jumping out bail only to stall the progress of the case and when repeated conditions are imposed on him to regularly attend the hearings and also not to get involved in further offences and when the petitioner flouts all the conditions imposed by the courts in various cases pending against him and repeatedly involves in offences, this case comes within the exception and as such this Court is inclined to dismiss the petition for bail.

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4. Accordingly, this Criminal Original Petition is dismissed for the present. sd/- 04/10/2024 / TRUE COPY / /10/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE PRINCIPAL SESSIONS JUDGE, SIVAGANGAI, SIVAGANGAI DISTRICT.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.16997 of 2024 Date :04/10/2024 SA/MMS/SAR. /18.10.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3